PLANNING AND ECONOMIC COMMITTEE 13 AUGUST 2014 · Cross Section – A - A 626 SK A - 501 10...

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Agenda – Planning and Economic Committee 13 August 2014 - #4443901

PLANNING AND ECONOMIC COMMITTEE

13 AUGUST 20141

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) MULTIPLE DWELLINGS / HOLIDAY ACCOMMODATION, INDOOR SPORT &ENTERTAINMENT, RESTAURANT AND EXTENSION TO TAVERN – 115-119 ESPLANADE CAIRNS CITY – DIVISION 5

Gerard Rosse: 8/30/182: #4342155

PROPOSAL: MULTIPLE DWELLINGS / HOLIDAY ACCOMMODATION, INDOOR SPORT & ENTERTAINMENT, RESTAURANT AND EXTENSION TO TAVERN

APPLICANT: CAIRNS RSL CLUB LTDC/-FLANAGAN CONSULTING GROUPPO BOX 5820CAIRNS QLD 4870

LOCATION: 115-119 ESPLANADE CAIRNS CITY

PROPERTY: LOT 2 ON SP211756

PLANNING DISTRICT: CBD NORTH CAIRNS

PLANNING AREA: TOURIST AND RESIDENTIAL

PLANNING SCHEME: CAIRNSPLAN 2009

REFERRAL AGENCIES: POWERLINK QUEENSLAND

NUMBER OF SUBMITTERS: FORTY TWO (42) PROPERLY MADE SUBMISSIONS AND ONE (1) NOT PROPERLY MADE SUBMISSION

STATUTORY ASSESSMENTDEADLINE: 25 AUGUST 2014

APPLICATION DATE: 15 APRIL 2014

DIVISION: 5

APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S)2. NOTICE OF INTENTION TO COMMENCE

USE3. CONCURRENCE AGENCY CONDITIONS &

REQUIREMENTS4. DEVELOPER CONTRIBUTION

CALCULATIONS

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the Material Change of Use (Impact Assessment) application for Multiple Dwellings / Holiday Accommodation, Indoor Sport & Entertainment, Restaurant and Extensions to Tavern over land described as Lot 2on SP211756 located at 115-119 The Esplanade, Cairns City subject to the following:

APPROVED DRAWING(S) AND / OR DOCUMENT(S)The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference DateSite Plan 626 SK A- 001 10 December 2010Floor Plan - Basement 626 SK A - 101 10 December 2010Floor Plan – Ground Floor Parking 626 SK A - 102 10 December 2010Floor Plan – Level 1a (Parking) 626 SK A - 103 10 December 2010Floor Plan – Level 2a (Parking) & 1b (Shell)

626 SK A - 104 10 December 2010

Floor Plan – Level 3 (Parking) & 2b (Shell)

626 SK A - 105 10 December 2010

Floor Plan – Level 4 Podium 626 SK A - 106 10 December 2010Floor Plan – Level 5 (Typical Level 5 –9)

626 SK A - 107 10 December 2010

Floor Plan – Level 10 626 SK A - 112 10 December 2010Floor Plan – Level 11 (Typical Floor 11 – 13)

626 SK A - 113 10 December 2010

Floor Plan - Level 14 Penthouses 626 SK A - 116 10 December 2010Floor Plan – Level 15 Penthouses 626 SK A - 117 10 December 2010Fitout Plan - Ground Floor Club 626 SK A - 120 10 December 2010Fitout Plan – Level 1b (Club) 626 SK A - 121 10 December 2010Fitout Plan – Level 2b (Club) 626 SK A - 122 10 December 2010

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Roof Plan 626 SK A - 201 10 December 2010Elevation – NE Esplanade 626 SK A - 401 10 December 2010Elevation – NW Esplanade 626 SK A - 402 10 December 2010Elevation – SE Aquarius 626 SK A - 403 10 December 2010Elevation – SW Abbott St 626 SK A - 404 10 December 2010Cross Section – A - A 626 SK A - 501 10 December 2010Cross Section – B - B 626 SK A - 502 10 December 2010Cross Section – C – C 626 SK A – 503 10 December 2010Cross Section – D - D 626 SK A - 504 10 December 2010Perspectives from Abbott Street RSL Development

626_SK TP-501 10 December 2010

Perspectives Esplanade RSL Development


Perspectives Esplanade/Cnr Florence St RSL Development


Shadow Diagrams - June 626_SK SK-A501 07 October 2008Shadow Diagrams - December 626_SK SK-A502 07 October 2008

Assessment Manager Conditions

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-

a. The specifications, facts and circumstances as set out in the application submitted to Council;

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval

Timing of Effect

2. The conditions of the Development Permit must be effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.

Notice of Intention to Commence Use

3. Prior to commencement of the approved use on the site, written notice must be given to Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced. (See Appendix 2).

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Amendment to Design

4. The proposed building must be amended to accommodate the following changes:

a. Alteration to the colours of the Abbot Street and Aquarius podium elevations to be at least 75% light colour shade or white.

Details of the above amendments must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

Air-conditioning Screens

5. Air-conditioning units located above ground level and visible from external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Demolition

6. The façade of the existing building must be retained and incorporated into the approved development as shown on the approved plans. A plan showing the extent of the façade of the building to be so retained shall be approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

During demolition works all building site managers shall be made aware of that part of the façade to be retained. Furthermore at least two (2) signs shall be affixed to the façade of the existing building showing a copy of the plan referred to above or similar and directing that the façade shall not be demolished.

Prior to the commencement of work a Security Bond must be lodged with Council with a value of $100,000 to secure the retention of the façade. If the façade is damaged or demolished, in part or in whole, Council shall retain the Bond.

Health Requirements

7. Prior to construction or alteration of any premises used for storage, preparation, handling, packing and/or service of food, application for such must be made with Council’s Public Health Unit.

8. Prior to operation of the food business, the operator must hold a current Food Licence issued by Council’s Public Health Unit under the Food Act 2006. Every licensed food business is required to have a Food Safety Supervisor who has met specified competencies and is reasonably available at all times the business is operating. Contact the Council’s Public Health Unit for further information.

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Water Supply and Sewerage Works External

9. Undertake the following water supply and sewerage works external to the site to connect the site to existing water supply and sewerage infrastructure:-

a. Augment existing water supply infrastructure to the extent necessary such that the development does not adversely affect the water supply to adjacent properties and such that a water service connection can be provided at the lot frontage;

b. Augment existing sewers and pump station downstream of the site, to the extent required to accommodate the increased flows generated by the development.

The external works outlined above require approval from Council in accordance with Engineering Works on Roads. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Water Supply and Sewerage Works Internal

10. Undertake the following water supply and sewerage works internal to the subject land:-

a. The development must be serviced by a single internal water and sewerage connection made clear of any buildings or structures;

b. Water supply sub-metering must be designed and installed in accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008;

c. Provide a manhole over the existing sewer immediately inside the boundary such that the balance of the sewer can be decommissioned and taken over by the owner as a private sewer;

d. The applicant/owner must provide written acceptance to take ownership of existing sewer upstream of manhole as private sewer;

e. Any proposal to pump directly from Council’s water supply mains for fire or sprinkler systems without a break tank must be supported by a hydraulic analysis undertaken by a RPEQ confirming that the main is not at risk of very low pressures (i.e. ground water intrusion and implosion) and excessive transient pressures associated with pump and valve operation (i.e. water hammer).

All the above works must be designed and constructed in accordance with the FNQROC Development Manual.

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The Plan of works must be approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Sewer Easement

11. Create an easement in favour of Council having a nominal width of 3 metres over the new manhole within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council.

The approved easement document must be submitted at the same time as seeking approval and dating of the Building Format Plan and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

Damage to Infrastructure

12. In the event that any part of Council’s existing sewer/water infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Refuse Storage

13. The development must be serviced by bulk bins to the requirements of Council. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

14. The refuse bin enclosure must be roofed, bunded and fitted with a bucket trap.

Liquid Waste Disposal

15. Trade waste discharge to sewer must meet the requirements of Cairns Water and Waste’s Trade Waste Environmental Management Plan (TWEMP). Detailed Hydraulic Plans must be provided accompanied by a report which demonstrates that the facility complies with the TWEMP and must be approved by Council prior to the issue of a Development Permit for Building Work. All measures for pre-treatment in accordance with the approved plans must be installed prior to Commencement of Use.

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Vehicle Parking

16. The amount of vehicle parking must be a minimum of 173 spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvering areas must be imperviously sealed, drained and line marked.

Parking Signage

17. Erect signs advising of the location of the off-street visitor parking area and access thereto. The signs must be erected prior to Commencement of Use. One sign must be located on the Florence Street frontage.

Bicycle Parking

18. Provide secured, on-site bicycle parking in accordance with Table 10-1 of AUSTROADS Guide to Traffic Engineering Practice Part 14 – Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking spaces required for this development is ten (10) spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Vehicle Wash Bay

19. A vehicle wash bay must be provided. It must be roofed and bunded and wastewater must be discharged through a 550 litre triple interceptor to sewer or as agreed to by the Chief Executive Officer.

Basement Parking

20. Submit a report prepared by a qualified and experienced, registered engineer on the basement parking and a separate report prepared by a qualified and experienced hydrologist on the dewatering process. Both reports must be endorsed by the Chief Executive Officer prior to commencement of any works on the site.

a. The basement parking report must include, but is not limited to the following:

i. Construction techniques;ii. Techniques to imperviously seal the basement; andiii. Method of basement ventilation.

b. The dewatering report must include, but is not limited to the following:

i. Method of water extraction pre and post development and the layout of the dewatering pumps and pipelines;

ii. Water quality; iii. Lawful discharge of water; and

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iv How the results (being the form and frequency) will be reported to Council.

The access to the basement parking area must be designed to prevent 100 year ARI flood waters from entering the basement parking area and must have a minimum vertical clearance of 2.1 metres.

The access to the basement parking area must be designed to prevent 100 year ARI flood waters from entering the basement parking area.

The basement parking area must have a minimum vertical clearance of 2.3 metres.

Drainage Study of Site

21. Undertake a local drainage study on the subject land to determine drainage impacts on downstream properties and the mitigation measures required to minimise such impacts. In particular, the post-development discharge of stormwater from the subject site must have no worsening effect on the drainage of upstream or downstream properties. The study must also identify the need and location of any drainage easements to convey stormwater to the lawful point of discharge. The drainage study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work with the necessary works being undertaken prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Acid Sulfate Soils – Basement / Pool Disturbance

22. The basement / pool excavation proposed may result in disturbance of potential acid sulfate soils (PASS). Prior to excavation, in association with a geotechnical assessment, an acid sulfate soil investigation must be undertaken. The investigation must be performed in accordance with the latest ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ produced by the Department of Environment and Resource Management (previously DNRW), and State Planning Policy 2/02 – Planning and Managing Development Involving Acid Sulfate Soils. Where it is found that PASS exist, treatment of soil must be undertaken on-site to neutralise acid, prior to disposal as fill, in accordance with the DNRM ‘Queensland AcidSulfate Soil Technical Manual’.

Lighting

23. All lighting installed upon the premises including car parking areas must be certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

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Landscaping Plan

24. The site must be landscaped in accordance with details included on a Landscaping Plan. The Landscaping Plan must show:

a. Planting of the footpath with trees, using appropriate species with regard to any site constraints.

b. Landscaping of the podium areas and areas surrounding the building.

c. Inclusion of any other relevant conditions included in this Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs first. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Advertising Signage

25. Signs on the subject land must conform with relevant Local Laws applied under the Cairns Regional Council Control of Advertising (Application of a Continuing Local Law) to the requirements and satisfaction of the Chief Executive Officer.

Crime Prevention Through Environmental Design

26. The applicant/owner must ensure that all lighting and landscaping requirements complies with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

External Works

27. Undertake the following works external to the land at no cost to Council:

a. Construct a two (2) metre wide concrete footpath to the Florence Street Frontage in accordance with FNQROC Development Manual Standard Drawing 1035;

b. Kerb ramps must be fitted with Tactile Ground Surface Indicators in accordance with Australian Standard AS1428.4: 2002 Design for Access and Mobility Part 4: Tactile Indicators;

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c. Upgrade both street frontages of the site in accordance with the CBD Landscape Master Plan;

d. Provision of concrete crossovers and aprons in accordance with FNQROC Development Manual Standard Drawing 1015;

e. Make good the kerb(s) at redundant crossover(s);

f. Upgrade the street lighting to comply with requirements of the FNQROC Development Manual;

g. Construct tree guards around the existing trees in the road reserve along Florence Street;

h. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development;

i. Linemark parking spaces in front of and adjacent to the subject land on both street frontages .

All works in the road reserve need to be properly separated from pedestrians and vehicles, with any diversions adequately signed and guarded. Particular attention must be given to providing safe passage for people with disabilities i.e. the provision of temporary kerb ramps if pedestrian diversions are necessary.

The external works outlined above require approval from Council in accordance with Local Law No.1 (Administration) and Local Law No.4 (Local Government Controlled Areas, Facilities and Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Street Lighting

28. Upgrade existing street lighting along the Florence Street frontage between Abbott Street and the Esplanade to a Rate 3 Category V1 Metal Halide lighting scheme designed in accordance with the Road Lighting Standard AS/NZS 1158 and FNQROC Development Manual. Lighting columns and control equipment shall be of a type consistent with Council’s CBD master street lighting scheme.

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Above Ground Transformer Cubicles / Electrical Sub-Stations

29. Above ground transformer cubicles and/or electrical sub-stations are to be positioned so that they do not detract from the appearance of the streetscape and must be clear of footpath areas. This will require cubicles/sub-stations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

Under Grounding of Electricity Supply

30. All electricity lines along the full frontages of the subject site are to be placed underground. Such works are to be undertaken by Ergon Energy or an Ergon Energy approved contractor at the applicant’s expense.

Street lighting along the full frontages is to be upgraded to the applicable Lighting Category and lighting columns are to be of steel construction.

Ergon Energy must be notified of these requirements when making application for power supply.

All works must be completed prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Electricity Supply

31. Where Ergon Energy requires a distribution substation within the development site, written confirmation from Ergon Energy of this requirement and details of the proposed location must be submitted to the Chief Executive Officer. All electricity services associated with the development are to be placed underground.

32. DA conditions relating to street lighting and electricity supply must be provided to Ergon Energy at the same time as the application for power supply.

Lawful Point of Discharge

33. All stormwater from the property must be directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

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Minimum Fill and Floor Levels: CBD and Environs Area – Zone 1

34. All floor levels in all buildings must be located a minimum of 150mm above the Q100 flood immunity level of 2.6 metres AHD, in accordance with FNQROC Development Manual, the CBD Environs Drainage Management Plan and Planning Scheme requirements.

Note that 150mm is the minimum allowable freeboard and Council recommends a freeboard of 300mm.

Sediment and Erosion Control

35. Soil and water management measures must be installed / implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

POWERLINK QLD MSLinkNil 15 May 2014 4370533

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

FURTHER ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of section 339 and section 341 of the Sustainable Planning Act 2009.

2. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

Infrastructure Charges Notice

4. A charge levied for the supply of trunk infrastructure is payable to Council towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

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The amount in the Adopted Infrastructure Charges Notice has been calculated according to Council’s Adopted Infrastructure Charges Resolution.

Please note that this Decision Notice and the Adopted Infrastructure Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

The amount in the Adopted Infrastructure Charges Notice is subject to index adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Adopted Infrastructure Charges Notice.

5. Supporting documentation outlining the required information for the Dewatering Report is attached to this Development Approval. Further information can be obtained from Council’s Environmental Protection Unit on (07) 4044 3044.

6. For information relating to the Sustainable Planning Act 2009 log on to www.dsdip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

LAND USE DEFINITIONS

In accordance with CairnsPlan the approved land uses of Multiple Dwelling, Holiday Accommodation, Restaurant, Indoor Sport and Entertainment and Tavern are defined as:

Multiple Dwelling:

Means the use of premises comprising six or more dwelling units of self-contained accommodation on one lot for residential purposes. The use includes accommodation commonly described as flats, home units, apartments, townhouses or villa houses.

Holiday Accommodation:

Means the use of premises for the accommodation of tourists or travellers. The use may include restaurants, bars, meeting and function facilities, dining room, facilities for the provision of meals to guests and a manager’s unit and office when these facilities are an integral part of the accommodation. The use includes facilities commonly described as holiday apartments or suites, international or resort hotel or motel.

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Restaurant: Means the use of licensed or unlicensed premises for the provision of meals or light refreshments to members of the public for consumption on or off the premises.

The use includes facilities commonly described as bistro, bar and grill, cafe, milk bar, snack bar, coffee shop, tearoom, takeaway, drive through food outlet or fast food outlet.

Indoor Sport and Entertainment:

Means the use of premises for sport, physical exercise, recreation or public entertainment predominantly within a building.

The use includes facilities commonly described as sports centre, gymnasium, amusement and leisure centre, cinema, dance club, music club, nightclub, reception room, theatre, convention centre or function centre.

Tavern: Means the use of premises for:�� The sale of liquor for consumption on or off the

premises;� Dining activities;� Entertainment activities, including gaming machines.

The use may include accommodation of tourists or travellers. The use includes facilities commonly described as hotel or tavern.

*This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

EXECUTIVE SUMMARY:

Council is in receipt of a Development Application seeking approval to redevelop the existing Cairns RSL site to include a tavern, restaurant, function rooms and ancillary administration offices at podium level and 81 units (77 dual key and 4 penthouses) in twin residential towers above, to a maximum height of 16 storeys (49.1 metres). The proposal includes the retention of the existing occupancy, as well as the preservation of the oldest portion of the existing building’s façade.

It is noted that proposed plans for this current development are the same as those previously approved by Council in 2011 (Permissible Change process) and similar to those originally approved in 2008 (original application). The need for this current application is due to the fact the existing approval had lapsed.

The application underwent public notification whereby a total of forty two (42) properly made submissions were received.

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The primary issue of non-compliance (and submission content) relate to the height and setbacks of the proposed building and the impact on the adjoining site. A shortfall of car parking is also noted. Details of the non-compliance items and submissions are discussed in the below report.

Despite non-compliance with Acceptable Measures within the Scheme, overall the proposal complies with the Purpose of the relevant codes and approval is recommended subject to conditions.

PLANNING CONSIDERATIONS:

Background

Previous Approval:

On 15 December 2008, Cairns Regional Council issued a Development Permit (Development Application No. 8/8/1027) for Material Change of Use for a proposal on the site comprising 69 units of Multi-Unit Housing / Holiday Accommodation, Indoor Sport and Entertainment, Restaurant and extension to Tavern.

On 11 February 2011, Cairns Regional Council issued a Permissible Change to the Approval for Development Application No. 8/8/1027. The Permissible Change approved an amendment to the development mix and increased the yield of accommodation uses and associated parking provision on the site, to better meet the operational requirements of the Cairns RSL.

The Development Permit, as amended, was not enacted and on 23 October 2013 the Approval lapsed.

This Development Application proposes to reinstate the lapsed Approval.

Subject Site:

The site has a total area of 2,548m², with a frontage of approximately 40 metres to the Esplanade and 75 metres to Florence Street and is contained within the Tourist and Residential Planning Area. The site is identified as a Local Heritage Place under the CairnsPlan 2009.

The land is currently developed with the existing two-storey Cairns RSL building, featuring an arched façade fronting the Esplanade and cenotaph. The existing use includes a Restaurant, Tavern and Indoor Sport and Entertainment.

Proposal

The Development Application seeks approval to redevelop the existing site for an improved RSL facility comprising a tavern, restaurant, function rooms and ancillary administration offices at podium level, and 81 units (77 dual key and 4 penthouses) in twin residential towers above, to a maximum height of 16 storeys (49.1 metres).

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In recognition of the site’s historical significance, the proposal includes for both the retention of the existing occupancy, as well as the preservation of the oldest portion ofthe existing building’s façade. The bulk and scale of the building comprises an articulated frontage of approximately 40 metres when viewed from the Esplanade and approximately 72 metres when viewed from Florence Street.

The 4-storey podium rises to a height of 11.5 metres, with the twin residential towers above the podium configured as 1 x 12-storey tower (max height of 49.1 metres) at the south of the site and 1 x 7-storey tower (max height of 34.1 metres) at the north of the site.

The proposed development is configured as follows:

LEVEL ELEMENTS LAND USE DEFINITION

Basement 62 parking spaces Service areas

NA

Ground Floor Dining (448m²)Bar (152m²)Gaming machines (198m²)Lobby (83m²)Office (18.7m²)Service and manoeuvring areas 3 parking spaces

Restaurant Tavern Indoor Sport and Entertainment

Level 1a (Parking) 33 parking spaces Service areas

NA

Level 2a (Parking) and 1b (Club)

36 parking spaces Function Rooms (239m²)

Indoor Sport and Entertainment

Level 3 (Parking) and 2b (Club)

39 parking spaces Offices (228m²) NA

Levels 4 to 9 9 x dual key apartments (total 54) Multiple Dwellings / Holiday Accommodation

Level 10 8 x dual key apartments Multiple Dwellings / Holiday Accommodation

Levels 11 – 13 5 x dual key apartments (total 15) Multiple Dwellings / Holiday Accommodation

Level 14 2 x Penthouse apartments Multiple Dwellings / Holiday Accommodation

Level 15 2 x Penthouse apartments Multiple Dwellings / Holiday Accommodation

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CairnsPlan Assessment

CairnsPlanCBD North Cairns Planning District

Code Applicability Compliance

Planning Area Tourist and Residential Complies

Land UseMaterial change of Use (Impact Assessment) Multiple Dwelling / Holiday Accommodation / Indoor Sport and Entertainment / Restaurant / Tavern

Complies -Refer to

Discussion

Overlays

Potential or Actual Acid Sulphate Soil Material Conditioned to

ensure compliance

Flood ManagementConditioned to

ensure compliance

Height and Impact of Buildings Refer to Discussion

Operational Aspects of the Cairns International Airport Refer to Discussion

Local Heritage Code Refer to Discussion

General

Excavation and Filling CodeConditioned to

ensure compliance

Infrastructure Works CodeConditioned to

ensure compliance

Landscaping CodeConditioned to

ensure compliance

Parking & Access Code Refer to Discussion

Development Near Major Transport Corridors & Facilities Complies

Compliance Issues

Multiple Dwelling and Holiday Accommodation Code

The proposal meets the desired development outcomes for development regulated by the Multiple Dwelling and Holiday Accommodation Code. Inconsistencies with the Acceptable Measures relate principally to measures for built form, which are overridden by the Height and Impact of Buildings Code.

Height and Impact of Buildings Code:

The site is generally of a regular shape albeit with a dog-leg to north west side. The site is well in excess of the requisite 1,000 m² to accommodate a tall building.

The site is located within Precinct 2 where the Acceptable Measure identifies a maximum building height to be 30 metres. In this instance the building exceeds the 30 metre threshold having a maximum height of 49.1 metres (to 51.3 metres AHD, excluding architectural and service features). However, the site at present comprises the only remaining single storey building along this part of the Esplanade. Whilst the site is identified as having a low scale under the Schedule of Heritage Sites, in practice this portion of the Esplanade features a number of tall buildings, some in excess of the height of this proposed building.

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At present the RSL site comprises a noticeable gap in a frontage otherwise characterised by tall buildings. Examples include the immediately adjoining Aquarius Tower (50.1 metres above ground level) to the south, Trilogy Apartments also to the south and Rydges Resort to the north.

The site is in a location where taller buildings dominate the Esplanade but reduce in height steadily to the north. A purpose of the Code is to achieve a transition of building heights and this proposal achieves this insofar as it removes and uncharacteristic gap between The Aquarius to the south and the lower Holiday Inn on the opposing side of Florence Street to the north.

Shadow diagrams submitted indicate that the Aquarius to the south would be the only building to fall in the buildings shadow. All other shadows cast would be onto the road. Midwinter shadow diagrams indicate at least partial shadow to this neighbouring building from around 2-3pm. No shadow would fall on any windows at midsummer. This is considered to provide reasonable solar access.

It is noted that the buildings podium rises to a height of 11.5 metres which meets the Acceptable Measure for height, however, is proposed over four (4) storeys. It is noted that this the sites has historical significance and the applicant seeks to retain the existing occupancy, as well as the preservation of the oldest portion of the existing building’s façade. In this case this is considered acceptable.

Site coverage is as follows:

Height Site Coverage Acceptable Measure

Proposal Compliance

Up to11.5 metres 100% 93% YesBetween 11.5 metres to 18.5 metres

50% 37% Yes

18.5 metres to 48 metres 30% (up to 30m) 25% Yes (up to 30m)

Building set back requirements:

Set back Set back Acceptable Measure

Proposal Compliance

Up to 11.5 m 0 metres 0 metres Yes11.5 metres to 18 metres

Main Frontage = 6 metres Main (Esplanade) = 10.8 metres

Yes

Other Frontage = 4 metres Other (Florence Street) = 2.36 metres (2.36m – this dimension is from Florence St to the closest apartment balcony. Setbacks from Florence St to habitable space are a minimum of 5.7m.*)

No

(See commentary Below)

Side and Rear Boundaries= 2 metres

3m, 2.7m, 2.9m and 4m Yes

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Above 18 metres

Main (Esplanade) = 15 metres

Main (Esplanade) = 10.8 metres

No

(See commentary Below)

Other = 12 metres Other = 2.36 metres

Side and Rear Boundaries = 9 metres

Side and Rear Boundaries = 3m, 2.7m, 2.9m and 4m

Building setback requirements:

The proposal is for a twin-residential-towers-on-podium design, not anticipated by the Acceptable Measures. Accordingly, there are some encroachments into the setbacks to Florence Street above podium level, and to all sides above 18m in height. Over the entire height of the building the impact upon the street is minimised and when taken as a whole and given the overall set back, it is considered that the proposal will not dominate the streetscape, will ensure separation of towers and will allow sufficient light and ventilation to neighbouring towers as per the Performance Criteria. It is also noted that the retention of the existing façade and its relationship to the Esplanade and cenotaph is a good outcome for the site and development in general.

The proposed development has a plot ratio of 3.86:1. The site is located within Precinct 2 where the base plot ratio is 2:1 and maximum plot ratio of 4:1 which may be achieved through retention of a local heritage item and the provision of community facilities and social infrastructure. Given that the site retains the façade of the Local Heritage Item and its association with the cenotaph and that the redevelopment is occurring at the Cairns sub-branch of the Returned and Services League the higher plot ratio of 3.86:1 (below the maximum of 4:1) is considered appropriate.

Flood Management Code

The application is conditioned to apply to achieve Q100 flood immunity.

Cultural Heritage Areas Overlay

The site is identified as a Local Heritage Place on the Cultural Heritage Areas Overlay. The Schedule of Heritage sites details the Physical Description of the building to be double storey with veranda and central bay and notes that the physical description of the building is poor. No reference is made to the interior of the building other than to note that it was extensively refurbished in 1994.

The applicant has submitted a heritage impact assessment of the building from 2006 which details its history. The RSL on this site dates back to 1916 however the existing building was erected circa 1937 with the present façade of the building as seen today.However due to extensive refurbishment over the years was considerably altered and subject to a fire in 1963.

The main heritage element of the building (and setting) comprises the centrally located arches and relationship with the cenotaph on the opposing side of the road. The report does not account for the most recent refurbishment that occurred in 2013.

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It is noted that the development of the site proposes to retain those elements of the facade identified as significant and preserve its relationship with the cenotaph opposite the site on The Esplanade.

The only other aspect identified in the Schedule of Heritage sites is the contribution the building makes to the low rise nature of this part of the Esplanade (Statement of Significance). As discussed below under the Height and Impact of Buildings Section, it is clear that the numerous other tall buildings along this part of the Esplanade has removed any sense of a low scale and the retention of this one building, otherwise surrounded by much taller buildings, would provide little value in attempting to retain a low rise character that has since been removed.

Operational Aspects of Cairns International Airport Code

The site is affected by the Obstacle Limitation Surfaces Overlay, exceeding the Inner Horizontal Surface Limit of 46 metres AHD. It is noted that the height of the development proposed is largely consistent with the height approved for DA 8/8/1027 and is less than the adjoining Aquarius site. No referral agency trigger exists for an intrusion into the OLS but it is noted that that Cairns Port Authority had no objection to the proposed height at the time of the original application and the design has not changed.

In other regards the development can be conditioned to comply with the Code relating to illumination and refuse disposal.

Potential or Actual Acid Sulphate Materials Code

Excavation to provide foundations and basement car parking will require treatment for acid sulphate soils in order to avoid run off. The application has been conditioned to ensure compliance with the above code.

Multiple Dwelling and Holiday Accommodation Code

The development generally complies with the provisions for Multiple Dwelling andHoliday Accommodation Code. Non-compliances occur in relation to height and set backs are overridden by the Height and Impact of Buildings Overlay Code (discussed above).

Shopping and Business Facilities Code

The development complies with the Code insofar as it relates to the affected areas.

Excavation and Filling Code

The development generally complies with the Code and is conditioned to ensure Q100 immunity.

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Infrastructure Works Code

The development generally complies with the Code and relevant conditions have been included to ensure compliance occurs.

Landscaping Code

The development proposes near 100% site coverage as is to be expected for this CBD Precinct. Limited landscaping is shown to in-set set back areas. The street frontage is already landscaped however additional landscaping is conditioned at ground and podium level.

Parking and Access Code

It is noted that a total of 173 parking spaces are proposed at basement, ground and levels 1, 2 and 3. Configured at its maximum intensity, the development proposed would result in a total parking demand of 200 spaces (199.57), this accounts for a total of 141.5 spaces for the Residential uses (at maximum capacity) and 58.07 spaces for the non-residential uses.

This figure is based on the highest possible use of the units with consideration of the dual key configuration where some units maybe be permanently occupied and others uses as non-self-contained holiday accommodation. It is noted that it is unlikely that the development will operate at 100% capacity however the car parking calculation has considered this use and the proposed configuration.

It is noted that the Parking and Access Code states that as an Acceptable Measure “Where the development is an integrated mixed-use development incorporating holiday accommodation or multiple dwellings and either restaurant or tavern or shopping facilities or business facilities, on-site parking spaces are provided as per the numberprescribed in schedule 1 of this code with a relaxation of up to 30% of the non-residential use where a cross utilisation can be appropriately demonstrated”. In this particular case the non-residential uses do have a cross utilisation function with the balance of the development. Therefore based on the above the 58.07 spaces generated by the non-residential uses can be reduced by 30% to a total of 40.6 spaces and the total demand generated by the development stands at 182.1 spaces required.

Based on the above, the proposed falls short of the required car parking spaces under the CairnsPlan, however despite the proposal not meeting the minimum parking requirement, it is likely that many of the apartments will be used for holiday accommodation and therefore the actual parking demand will be lower the minimum acceptable measure of 182.1 spaces. Furthermore, given the location of the site within the CBD and Tourist and Residential Planning Area, the design and layout of the accommodation it is considered that the parking provision proposed is satisfactory in terms of the site being serviced by public transport and walkability to the greater CBD area.

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Public Notification / Submissions

Public Notification of the application was undertaken from 31 May 2014 to 25 June 2014 whereby a total of forty two (42) Properly Made and one (1) not Properly Made submissions were received in opposition to the proposal. It is noted that the land uses of Multiple Dwelling, Holiday Accommodation and a Restaurant are Code assessable on the site (Tourist and Residential Planning Area) but the land uses of Indoor Sport & Entertainment and Tavern have triggered Impact Assessment.

Below is a summary of items raised by submitters followed by Officer Comment.

Built Form (Height and Setbacks of the Development) – Submitters raise concern over the development’s non-compliance with Acceptable Measures relating to theHeight (both in terms of the OLS and the Height and Impact of Building Overlay), Setbacks and potential shadowing created by the development. Significant concern is raised in relation to the built form impact on the adjacent “Aquarius” development in terms of height, amenity and shadowing.

A detailed review of these elements is contained within the CairnsPlan review section of the report however it must be noted that the majority of non-compliance is in regards to the Acceptable Measures, which, is only one way of achieving the Performance Criteria. In terms of Performance Criteria for items such as height and setbacks and performance based planning outcomes, the development can comply.

In terms of the Planning Scheme itself, historically the height of an Impact of Building Code has not set the height limit for developments subject to the Overlay even though the community expectation for the Overlay code to determine height remains. The code requires a wholesale review if it to be used as a tool in regulating height in the CBD-North Cairns District and the Acceptable Solutions (for Height) moved to the Performance Criteria to allow more consistent, enforceable height outcomes to be achieved.

Car Parking – (Parking and Access Code) – Submitters raise concern with the parking situation in the locality and raise the fact that any shortfall will have a large impact on the parking situation in the locality.

A detailed review of car parking for the development is contained within the CairnsPlan review section of the report however Officers acknowledge that the proposed falls short of the required car parking spaces under the CairnsPlan. Despite the proposal not meeting the minimum parking requirement, it is likely that many of the apartments will be used for holiday accommodation and therefore the actual parking demand will be lower the minimum acceptable measure of 182.1 spaces (173 Spaces provided).Furthermore, given the location of the site within the CBD and Tourist and Residential Planning Area, the design and layout of the accommodation it is considered that the parking provision proposed is satisfactory in terms of the site being serviced by public transport and walkability to the greater CBD area.

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Heritage and Streetscape – Submitters raise concern that the development is not compatible or sympathetic to the Local Heritage significance of the building and the design is not sympathetic to the existing RSL or the streetscape in General.

A detailed review of the heritage and Streetscape for the development is contained within the CairnsPlan review section of the report however Officers note that the main heritage element of the building (and setting) comprises the centrally located arches and relationship with the cenotaph on the opposing side of the road. It is noted that the development of the site proposes to retain those elements of the facade identified as significant and preserve its relationship with the cenotaph opposite the site on The Esplanade.

Changed Application – Submitters raise concern highlighting that the proposal before Council contains new plans and these do not align with the original approval.

Officers note that plans currently before Council are the same plans (and dated so) to the Permissible Change approved for the original Development Application No. 8/8/1027 issued on 11 February 2011 by Cairns Regional Council issued. The Permissible Change approved an amendment to the development mix and increased the yield of accommodation uses and associated parking provision on the site, to better meet the operational requirements of the Cairns RSL under the relevant Planning Act/ssubmitters were not required to be notified of the changed application, however the item did go before a Council Meeting and is referenced as the most recent Approval (now lapsed) for the site.

HEADWORKS / CONTRIBUTIONS:

The proposed development triggers Developer’s Headwork’s Contributions. Refer to Appendix 3 to view calculations.

Gerard Rosse Planning OfficerAction Officer

Graham BoydManager Development & Regulatory Services

Peter BoydActing General Manager, Planning & Environment

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APPENDIX 2 - NOTICE OF INTENTION TO COMMENCE USE

Development PermitSustainable Planning Act 2009

NOTICE OF INTENTION TO COMMENCE USE

Development PermitDate of Approval

Approved Use LocationProperty Description

I/we are hereby notifying Cairns Regional Council of my/our intention to commence theapproved use outlined above

on ___________________________________________ (insert date).

I have read the conditions of the Decision Notice issued and believe that all the applicableconditions have been complied with.

Applicant: _____________________________________

Address: ______________________________________

______________________________________

Contact Phone: ______________________________________

-------------------------------------------------------------Signature of Applicant/Owner

Date: ________________________

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APPENDIX 3 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 4 DEVELOPER CONTRIBUTION CALCULATIONS

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